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Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. In Abercrombie, the company did not hire a woman who wore a headscarf at her interview, because she did not conform to the company’s Look Policy.

The issue before the Supreme Court was whether an employer can be liable under Title VII for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge that a religious accommodation was required and the employer’s actual knowledge resulted from direct, explicit notice from the applicant or employee. Continue reading

I had planned to blog today about yesterday’s oral argument before the Supreme Court in Young v. UPS, the case about when an employer must accommodate a pregnant employee.

But…

The Philadelphia 76ers stole the spotlight — and my evening — with their first win of the season, an 85-77 victory over the Minneapolis Timberwolves, whose team colors of white, blue, and black have officially been replaced with shame, ignominy, and more shame.

Last day of trial today. Big blog post tomorrow. I promise. #nopromises.

Be back tomorrow.

Today we have a guest blogger at The Employer Handbook. It’s Joel Cook. Joel is head of strategy at EDP where a team of health & safety consultants work to help businesses improve their employees’ health and wellbeing.

(Want to guest blog on an employment-law topic at The Employer Handbook? Email me).

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I had a guest post on something or other all lined up to go today. But, I’m going to push that off until next week. Instead, I’m going to write about my mom.

She died suddenly yesterday. Just 64; way too soon.

In many ways, I’m sure she was just like your mom. What stands out most is how much family meant to her.

I went back and forth on whether to include “BREAKING” in the title to this post. Twas a close call. Close, like that time Bar Rafaeli almost dialed my number by accident (and by almost, I mean she was 7 numbers off — out of 10).

No, feeling “maybe overworked” will not get you leave under the Family and Medical Leave Act. A Florida federal court recently confirmed this in Pivac v. Component Services and Logistics, Inc.:

The substance of the Plaintiff’s “evidence” is that she felt maybe overworked and wanted time off, first to visit her parents, but then just because she was crying and sad. She went to a doctor who provided her with no treatment, no referrals, no medicine, and no further appointments. The Plaintiff stated that she “told him [the doctor] she needed about seven days to get herself together and he gave her a `Medically Excused Absence’ form for the dates October 4, 2011 to October 17, 2011.” There is absolutely no evidence presented by the Plaintiff that she met the definition of “serious medical condition” at the time she took the extended unpaid leave. There are no medical records submitted, no indication of continuing treatment at the time of the Plaintiff’s being out of work from the 4th to the 17th of October of 2011, no evidence, other than the Plaintiff’s conclusory statements, that she suffered depression and anxiety as chronic health conditions. In fact, the only thing the Plaintiff has established is that she told the doctor she did not feel like working and he gave her a note to excuse her from working. There is just nothing here on which to find that the Plaintiff suffered a serious medical condition and without that the cause of action may not proceed.

Happy Valentine’s Day! x.o.x.o.

– The Employer Handbook